Planning Board

CITY OF LACONIA PLANNING BOARD Tuesday, April 4, 2017 - 6:30 PM City Hall - Conference Room 200A AGENDA I. Call to Order II. Presentations III. Extensions 1. Appl# 06-007 SU Map/Lot 173-248-3, 1144 Weirs Blvd, Proctor’s Lake House Cottages is requesting an extension for the completion date to April 3, 2018 IV. Continued Public Hearings V. Public Hearings 1. PL2016-0120SP, 0121SU, 0122CUP(wetland), 0123CUP(cluster), PL2017- 0002CUP(perimeter buffer), 0003CUP(cluster buffer setback) Endicott Street East, The Gardens, construction of 86 residential unit cluster subdivision 2. Revisions to Chapter 235:41 Accessory Dwelling units Recommendation to Council VI. Application Acceptance 1. PL2017-0024SU, 21, 22, 14 Morris; 11, 19 Thompson; 24 Allan Ave MBL 139- 165-78, 79, 80; 139-214-71, 71.1, 82, 73; 139-46-87, 87.1 Proposal to extinguish Lakeshore Ave & Wesley Ave, merge abutting lots, and change boundary lines Application acceptance VII. New Business VIII. Old Business 1. Nominations for secretary position to be voted on in May IX. Reports 1. Planning Dept Report: X. Liaison Reports 1. City Council:  2. Lakes Region Planning Commission: 3. Conservation Commission: XI. Other Business XII. Minutes 1. Acceptance of minutes from March 7 XIII. Adjournment  PLANNING BOARD ITEM INFORMATION SHEET TITLE: Appl# 06-007 SU Map/Lot 173-248-3, 1144 Weirs Blvd, Proctor’s Lake House Cottages is requesting an extension for the completion date to April 3, 2018 SUBJECT: Proctor's Cottages a. Plan Revision: Done b. Mylar, final plans: Done c. Site Restoration Security: Done d. Completion: 11/13/07, 11/4/08, 11/3/09, 4/5/11, 4/3/12, 4/2/13, 4/1/14, 4/7/15, 4/5/16; 4/417; new request April 3, 2018 ACTION: Decision ATTACHMENTS: Description Type Upload Date File Name back up Cover Memo 3/9/2017 Proctors.pdf  PLANNING BOARD ITEM INFORMATION SHEET TITLE: PL2016-0120SP, 0121SU, 0122CUP(wetland), 0123CUP(cluster), PL2017- 0002CUP(perimeter buffer), 0003CUP(cluster buffer setback) Endicott Street East, The Gardens, construction of 86 residential unit cluster subdivision SUBJECT: MBL 164-40-1 DESCRIPTION: Originally approved in 2005 as Shaker Hill. Approvals have since expired. This is a brand new submittal ATTACHMENTS: Description Type Upload Date File Name staff memo Cover Memo 3/27/2017 Memo_to_PB_for_4.4.17_mtg_recommending_continuance.pdf application Cover Memo 1/18/2017 Gardens_app.pdf waivers Cover Memo 3/27/2017 waivers.pdf Narratives Cover Memo 3/27/2017 CUP_narratives.pdf comments Cover Memo 3/23/2017 comments.pdf variance opinion Cover Memo 3/27/2017 variance_opinion.pdf plans Cover Memo 3/27/2017 Plans_for_Gardens.pdf  Department of Planning, Zoning & Code 45 Beacon Street, East Laconia, NH 03246 603-527-1264 603-524-2167 Memorandum Date: March 27, 2017 To: Laconia Planning Board From: Planning Staff Re: The Gardens at Winnipesaukee Development, Endicott Street East, MBL 164-72-1 Staff have reviewed the plans as they currently stand for the project referenced above. At this this time, staff does not have a full staff review and recommends that the Planning Board not take a vote on approval at the meeting tonight. Staff recommends the Board open the public hearing, allow the applicant and agents to present, take comment from the public, and ask questions as needed. After all comments have been made by the applicant, agent, and public, and all questions have been asked by the Board, staff recommends the Board continue the Public Hearing for this project to May 2, 2017 to allow time for the following: The application is scheduled to be heard in front of the Zoning Board on April 15, 2017. This will address the location of structures, roads, and other infrastructure in the area required as a buffer around cluster developments. Plans may change as a result of any Zoning Board decision. Receipt of third party review results for drainage and erosion control. Receipt of third party review results for compliance with steep slope requirements. Receipt of third party review results for review of the sewer pump system. Revised plans that are responsive to the third party review results listed above and other staff comments. U:\Planning & Community Development\Property Files\Endicott Street East\Gardens ( old Shaker Hill)\2017\Memo to PB for 4.4.17 mtg recommending continuance.doc  PATRICK WOOD LAW OFFICE, PLLC 635 Main Street, Suite 302 Laconia, New Hampshire 03246 Tel: 603.524.1446 Fax: 603.524.1788 www.patrickwoodlaw.com Patrick H. Wood Ethan G. Wood phwood@patrickwoodlaw.com ethan@patrickwoodlaw.com Serving the Lakes Region since 1974 Admitted to the Bar in NH and MA January 25, 2017 Ms. Brandee Loughlin, Interim Planner City of Laconia Planning Department 45 Beacon Street East Laconia, NH 03246 RE: The Gardens at Winnipesaukee, Endicott Street East Tax Map 164-72-1 Dear Ms. Loughlin: Phoenix Capital, LLC, the Applicant for the above cluster housing project, respectfully requests the Planning Board to waive the perimeter buffer requirement for this project which is in the SFR District from 75 feet to 40 feet. If you have any questions, please let me know. Thank you. Very truly yours, Patrick H Wood NHBA #2785 cc: Clients Mr. Jason Hill  PATRICK WOOD I,AW OFFICE, PLLC 635 Main Street, Suite 302 Laconia, New Hampshire 03246 Tel: 603.524.1446 Fax: 603.524.1788 www'patrickwoodlaw'com patrick H. wood Ethan G. Wood phwood@p atrickwoodlaw. com ethan@p atrickwoodlaw. com Serving the Lakes Region since 1974 Admitted to the Bar in NH and MA January 4,2017 Ms. Brandee Loughlin, Acting Planner City of Laconia Planning Department 45 Beacon Street East Laconia, NH 03246 RE: The Gardens at Winnipesaukee, Endicott Street East Tax Map 164-72-l Dear Ms. Loughlin: Here is the narrative for the Cluster Housing Conditional Use Permit for The Gardens at Winnipesaukee. A. The property is in the Shorefront Residential Zoning District, "SFR." Table 1 provides that cluster subdivision for conventional housing is permitted in the SFR District with a conditional use permit. B. The specific development standards for condítional use permits for cluster development are set forth in Section 235-40.8 (6). a. Exemptions. Lots and building envelopes are not subject to the lot size, dimensional, green space, buildable land area, and setback requirements of the SFR District. b. There is no minimum number of units. This proposal is for 85 living units on 65 homesites. c. The minimum Lract size for a cluster development is 10 acres; this site contains 21.39 acres. d. The maximum height of structures in the SFR District is 35 feet; all of the structures in The Gardens at Winnipesaukee will comply with this requirement. e. The maximum density of this project is determined by dividing the gross square footage of the site (931,877 square feet) by the minimum area of a lot in the SFR District (10,000 square feet); the maximum number of living units permitted for this project is 93 units. The proposal is for 85 living units. f. Common area and open space of the development must be at least 50% of the buildable square footage of the site. The buildable square footage of the site is 599,772 square Ms. Brandee Loughlin, Acting Planner City of Laconia Planning Department January 4,2017 Page2 feeT; ll2 of that is 299,886 square feet. The total square footage of the coÍìmon area and open space of The Gardens at Winnipesaukee is 3I7,246 square feet. 1. The plan shows the common area and open space of the development. The property is adjacent to the City of Laconia Lakeside Park and has provided a connection from the pedestrian ways within The Gardens at V/innipesaukee directly to the Park. In addition, there will be playground areas and a gazebo within the common area. 2. 75% of the coÍìmon area and open space will be maintained as undeveloped area. 3. The common area and open space will be protected by the Declaration of Covenants, Easements, and Restrictions for The Gardens at Winnipesaukee, the "Declaration." 4. The Declaration provides for the maintenance of the coÍìmon areas and open spaces and establishes the mechanism for assessing owners for the costs of that maintenance. 5. The limitations on use of the common areas will be as set forth in the Declaration. g. The proposal provides for a 4O-foot perimeter buffer around the site, so a waiver of the 75-foot perimeter buffer requirement is being requested. In addition, S0-foot buffers are provided around the wetlands as shown on the plan. h. The setback requirements from both the perimeter buffer and the wetlands buffers are 10 feet. There is also a requirement that each living unit have at least 900 square feet of exclusive use area. The homesites will vary in size from about 3,500 square feet to 7,500 square feet and each homesite will have substantially more than 900 square feet of exclusive use area. For this reason, we are requesting a conditional use permit to allow some of the living units to be less than 10 feet from the buffer lines. i. Utilities. 1. The Gardens at Winnipesaukee will be connected to the City of Laconia public water from Endicott Street East. At this time it is contemplated that the water supply system within the project will be privately owned. 2. The Gardens at Winnipesaukee will be connected to the City of Laconia sanitary sewer system. The sanitary sewer system within the project will privately owned and will consist of a gravity feed system, a pumping station, and a force main connecting to the City system in Endicott Street. 3. Electric, telephone, and cable will be underground and will be provided by the local utility companies. It is not anticipated that natural gas will be provided to the project. 4. Solid waste will be removed through contracts with local suppliers of that service. j. Architectural design. The developer wants to maintain a high level of control over the architectural design for The Gardens at Winnipesaukee. The developer has developed a set of plans for the different typesof buildings that will be permitted in The Gardens at Winnipesaukee. The developer will be the builder of the living units Ms. Brandee Loughlin, Acting Plarmer City of Laconia Planning Department January 4,2017 Page 3 and will ensure that the construction is completed in accordance with those building plans. A copy of those plans will be submitted to the Planning Board, k. There are no nonconforming uses or structures on the site. l. The project will be developed in three phases as shown on the phasing plan. The first phase will include the construction of a gazebo, the connection to the City Park, and a pergola at Sandpiper Circle. The second phase will include the construction of the playground at Chickadee Circle and the access road. The third phase will include the completion of the meeting room and the pedestrian pathways. Sidewalks and utilities will be extended during each phase. The developer will maintain ownership of the coÍrmon areas and amenities until at least 75 of the living units have been built and conveyed. There will be a homeowners association established to take ownership of the common areas after the developer is no longer involved. Performance guaranties will be provided pursuant to the City of Laconia requirements. Construction schedules will be established after final approvals from the City of Laconia and the New Hampshire Attorney General's office. m. The property has no shore frontage. n. The streets will be privately owned and maintained. o. There will be sidewalks along the same sides of the streets where and only where there are living units. There will also be pedestrian paths within part of the common area. There will also be a pedestrian connection to the City Park. There will be a sidewalk along Endicott Street East as well. p. The common areas will be landscaped and maintained by the developer and then the homeowners' association. The Declaration also requires owners to maintain the landscaping on their homesites and if they do not do so, the homeowners' association or the developer will have the right to do so at the owner's expense. q. Because this project is being built upon a prior development that was begun but not completed, there will be limited new alteration of terrain including moving large construction piles left by the prior development. r. Street lighting within The Gardens at Winnipesaukee will be limited and will be downcast with appropriate shielding in accordance with the City of Laconia ordinance. The Declaration also provides that lighting within living units and the meeting room and other common areas shall be energy efficient. s. The Gardens at Winnipesaukee will provide one playground, a pergola, and a gazebo, a meeting room, pedestrian pathways in the coírmon areas, and sidewalks. C. The use will not materially endanger the public health or safety. The use is residentialwhich is specifrcally perrnitted in the SER District. There wjll be a primary entrance from Endicott Street East. There will be a secondary access for emergency purposes only at the easterly side of the property also on Endicott Street East. The water system within the project will be Ms. Brandee Loughlin, Acting Planner City of Laconia Planning Department January 4,2017 Page 4 privately owned but will be connected to the City of Laconia public water supply. The sanitary sewer system within the project will be privately owned but will be connected to the City of Laconia public sanitary sewer system. The roads will be privately owned, will be paved, will have sidewalks on the sides of the roads where there are living units, and will have a number of turn-around areas for emergency vehicles and school buses. The surface drainage system will both collect and treat the surface drainage before it leaves the site. D. The use will not substantially injure the value of adjoining or abutting property. The Gardens at Winnipesaukee is in a residential zoring district and has residential developments on its easterly side and residential development north of the site. The property west of the site is in the Resort Commercial District and the uses are a City Park and a go-cart park and a batting cage. The density of the site is less than the density permitted under the Zoning Ordinance for the SFR District and the proposed planned residential development will be similar to the adjoining residential properties which are a condominium project and single-family lots. E. The use will be compatible with the neighborhood and with adjoining or abutting uses in the area in which it is located. As previously noted, The Gardens at Winnipesaukee is in a residential zoning district and has residential developments on its easterly side and residential development north of the site. The property west of the site is in the Resort Commercial District and the uses are a City Park and a go-cart park and a batting cage. There is a pedestrian connection to the City Park provided for in the project. There will be a 4O-foot buffer on the perimeter of the project and most of the living units will be located substantial distances from the nearest abutting residential structures. The planned residential uses will be comparable to the adjoining residential developments. F. The use will not have a substantial adverse impact on highway or pedestrian safety. A traffic study was conducted for the prior development and that study was updated for The Gardens at Wiruripesaukee. This updated study indicates that the trafhc generated by this project will not change the status of existing highways. The points of access on Endicott Street East have more than adequate sight distance. There will be sidewalks within The Gardens at Winnipesaukee and a sidewalk along Endicott Street East. G. The use will not have a substantial impact on the natural resources of the City. The site does not contain any scenic vistas or other material natural resources of the City. The prior development, before it was abandoned, had already made substantial changes to the site. The Gardens at Winnipesaukee is incorporating most of those changes, including the prior layout of the streets which limits the overall impact on the site. Because of the topography, there is a substantial drainage system within the project to catch and treat surface water within the site. The utilities will be underground which will limit the visual impact of the project. Most of the living units and road system will be built in areas that will not be visible from Endicott Street East or from most of the abutting properties. There should be minimal impact on the natural resources of the City by The Gardens at Winriipesaukee. Ms. Brandee Loughlin, Acting Plarmer City of Laconia Planning Department January 4,2017 Page 5 H. The use will be adequately serviced by necessary public utilities and community facilities and services ofa sufficient capacity to ensure the proper operation ofthe proposed use and will not necessitate excessive public expenditures to provide suff,rcient additional capacity or services. Both the water and sanitary sewer systems within The Gardens at Wiruripesaukee will be privately owned and maintained but will be connected to the City systems, both of which are adequate to service the proposed 85 living units within The Gardens at Winnipesaukee. The Weirs Beach hre station is less than a mile from this property. Endicott Street East is a Class V highway within the City of Laconia and is part of the New Hampshire highway system and is also known as NH Rte. 11-8. The municipal park, the Weirs Beach Community Center, and Weirs Beach are within walking distance of The Gardens at Winnipesaukee. The roads will be privately owned and maintained. Even if each living unit had two children, the capacity of the City schools would be adequate. The developer, Phoenix Capital, LLC, believes The Gardens at Winnipesaukee willbe a pleasant, safe, and healthy living environment for its residents. The Gardens of Wiruripesaukee will be a planned residential development that will be compatible with its neighborhood. The streets, sidewalks, lighting, conìmon areas, amenities, and drainage systems have been designed to provide a ¡esidential neighborhood that will be a positive addition to the City of Laconia and we request the Planning Board grant the request for the condition use permit for this conventional residential development. Very truly yours, rick H. Wood, NIIBA #2785 clients T.F. Moran,Inc.  PATRICK WOOD LAW OFFICE, PLLC 635 Main Street, Suite 302 Laconia, New Hampshire 03246 Tel: 603.524.1446 Fax: 603.524.1788 www.patrickwoodlaw.com Patrick H. Wood Ethan G. Wood phwood@patrickwoodlaw.com ethan@patrickwoodlaw.com Serving the Lakes Region since 1974 Admitted to the Bar in NH and MA January 26, 2017 Ms. Brandee Loughlin, Interim Planner City of Laconia Planning Department 45 Beacon Street East Laconia, NH 03246 RE: The Gardens at Winnipesaukee, Endicott Street East Tax Map 164-72-1 Dear Ms. Loughlin: Here is the narrative for Wetlands Conditional Use Permit for The Gardens at Winnipesaukee. A. The property is in the Shorefront Residential Zoning District, "SFR." Section 235-17. A. provides that the Planning Board is authorized to administer and grant conditional use permits for certain types of development in the WC Overlay District, which is established as an “Innovative Land Use Control” in accordance with NH RSA 674:21. The Applicant is requesting conditional use permits in the WC District for the following: 1. To fill four man-made but “jurisdictional” wetlands on the property, and 2. To encroach into some of the 50-foot wetland buffers in order to construct and maintain retaining walls and fill to support construction of some of the proposed residential structures; in addition one structure would be totally within the buffer. B. The specific development standards for conditional use permits in the WC District are set forth in Section 235-17. I (2). (a) The proposed activity or use is consistent with the purposes of the WC District. The engineers for the Applicant, TFMoran, Inc., have prepared and are preparing to submit to the New Hampshire Department of Environmental Services a Wetland Functional Assessment Report dated January 11, 2017, that addresses the first requested conditional use permit. A copy of that report is attached and made a part of this narrative. That report addresses the standards for those conditional use permits. With regard to the specific development standards for the second set of conditional use permits, none of these encroachments would directly impact any wetlands or vernal pools. We believe the Ms. Brandee Loughlin, Interim Planner City of Laconia Planning Department January 26, 2017 Page 2 relevant standards for these conditional use permits dealing with encroachments into the wetlands buffers are met. 1. Ensure the protection of water wetland resources and vernal pools from activities that would adversely affect their functions and values. The proposed encroachments into the buffers will not directly impact the water wetland resources but instead are designed to protect those wetlands by erecting retaining walls to permit construction of residential structures in a manner that will minimize erosion and sedimentation and the impacts of surface drainage from those residential structures. These retaining walls will provide both a visual and physical barrier to intrusion into the protected wetland areas. The retaining walls and similar structures will be part of the common areas of The Gardens at Winnipesaukee and shall be maintained by the developer until the responsibility for that maintenance is passed on to the association of owners. (b) The proposed activity minimizes the degradation to or loss of wetlands, wetland buffers, vernal pools and vernal pool buffers and minimizes any adverse impact to the functions and values of wetlands, wetland buffers, vernal pools and vernal pool buffers. The proposed activities will not degrade or remove any wetlands or vernal pools. The Applicant is not aware of any vernal pools on the property. The impacts to the wetland buffers will be limited to only a few sites. The intent of these encroachments into the buffers is to provide stability for construction of residential structures in a manner that will reduce any adverse impact to the functions and values of the adjacent wetlands.  They will not interfere with the ability of the wetland areas to discharge groundwater and, because of the nature of the site, the ability of the wetland areas to recharge an aquifer would be negligible if at all.  The improvements to the site include a retention basin to catch and hold surface drainage and the natural drainage of the wetlands; the buffer encroachments will not have a negative impact on the effectiveness of this system to reduce downstream flooding.  The wetlands are not of a character to support fish or shellfish.  The ability of the wetlands to serve as a trap for sediments, toxicants, or pathogens should not be negatively impacted by these encroachments; indeed, the retaining walls will provide a means of controlling surface drainage from the residential structures which will reduce the amount of sediments, etc., that might flow from the residential structures and improvements directly into the wetlands.  The ability of the wetlands to retain excess nutrients will be enhanced by the retention basin; in addition, the covenants and restrictions for The Gardens at Winnipesaukee limit the types of fertilizer that can be used which should also assist the wetlands to perform this function. The encroachments should not provide a substantial additional amount of such nutrients and would not negatively impact this function of the wetlands.  The encroachments into the wetland buffers will not be such as to restrict the ability of the wetlands to provide food to living organisms. Ms. Brandee Loughlin, Interim Planner City of Laconia Planning Department January 26, 2017 Page 3  The wetlands are not adjacent to nor do they flow directly into a stream or other water body so there would be no erosion of stream banks or shorelines by these proposed encroachments.  The proposed encroachments into the wetland buffers will not have a significant, if any, impact on wildlife that currently use the wetlands.  The recreational function of the wetlands is limited to passive activities such as bird watching or meditation; the proposal is to develop a pathway within the wetland buffers that should restrict human intrusion into the wetlands and the retaining walls may provide additional support for that pathway.  The size of the wetlands limits their educational and scientific value; however, with the pathway and the likelihood that the trees and wetland areas will provide habitat for a variety of birds, the encroachments may provide a greater ability to participate in that type of activity.  We have not identified any unique characteristics or heritage qualities of these wetlands.  The visual quality and aesthetics of the wetlands will not be diminished by these limited encroachments; in fact, by supporting the pathway, the retaining walls would enhance these qualities.  Finally, we are not aware of any threatened or endangered species inhabiting any portion of these wetlands. C. The use will not materially endanger the public health or safety. The impacts on wetlands buffers are specifically permitted in the WC District with a conditional use permit. The proposed impacts on these wetland buffers should have limited, if any, impact on the public health or safety since the planned improvements will contain any drainage from the site on the site in a manner that preserves the existing wetlands. In addition certain of the buffer impacts relate to the construction of the roadway and are designed to permit safe access to all parts of the development by emergency vehicles, which is a benefit of public health and safety. D. The use will not substantially injure the value of adjoining or abutting property. The Gardens at Winnipesaukee is in a residential zoning district and has residential developments on its easterly side and residential development north of the site. The property west of the site is in the Resort Commercial District and the uses are a City Park and a go-cart park and a batting cage. The density of the site is less than the density permitted under the Zoning Ordinance for the SFR District and the proposed planned residential development will be similar to the adjoining residential properties which are a condominium project and single-family lots. The proposed encroachments into the wetland buffers will not impact the neighboring properties. E. The use will be compatible with the neighborhood and with adjoining or abutting uses in the area in which it is located. As previously noted, The Gardens at Winnipesaukee is in a residential zoning district and has residential developments on its easterly side and residential development north of the site. The property west of the site is in the Resort Commercial District and the uses are a City Park and a go-cart park and a batting cage. There is a pedestrian connection to the City Park provided for in the project. There will be a 40-foot buffer on the perimeter of the project and most of the living units will be located substantial Ms. Brandee Loughlin, Interim Planner City of Laconia Planning Department January 26, 2017 Page 4 distances from the nearest abutting residential structures. The planned residential uses will be comparable to the adjoining residential developments. The proposed encroachments into the wetland buffers will permit the development of the residential structures in a manner to protect the wetlands and will be compatible with the neighborhood uses. F. The use will not have a substantial adverse impact on highway or pedestrian safety. A traffic study was conducted for the prior development and that study was updated for The Gardens at Winnipesaukee. This updated study indicates that the traffic generated by this project will not change the status of existing highways. The points of access on Endicott Street East have more than adequate sight distance. There will be sidewalks within The Gardens at Winnipesaukee and a sidewalk along Endicott Street East. The proposed encroachments into the wetlands buffers will not impact either highway or pedestrian safety. G. The use will not have a substantial impact on the natural resources of the City. The site does not contain any scenic vistas or other material natural resources of the City. The prior development, before it was abandoned, had already made substantial changes to the site. The Gardens at Winnipesaukee is incorporating most of those changes, including the prior layout of the streets which limits the overall impact on the site. Because of the topography, there is a substantial drainage system within the project to catch and treat surface water within the site. The utilities, except for LP tanks, will be underground which will limit the visual impact of the project. Most of the living units and road system will be built in areas that will not be visible from Endicott Street East or from most of the abutting properties. There should be minimal impact on the natural resources of the City by the proposed encroachments into the wetlands buffers by The Gardens at Winnipesaukee. H. The use will be adequately serviced by necessary public utilities and community facilities and services of a sufficient capacity to ensure the proper operation of the proposed use and will not necessitate excessive public expenditures to provide sufficient additional capacity or services. The sanitary sewer systems within The Gardens at Winnipesaukee will be privately owned and maintained but will be connected to the City system, which is adequate to service the proposed 86 living units within The Gardens at Winnipesaukee. The Weirs Beach fire station is less than a mile from this property. Endicott Street East is a Class V highway within the City of Laconia and is part of the New Hampshire highway system and is also known as NH Rte. 11-B. The municipal park, the Weirs Beach Community Center, and Weirs Beach are within walking distance of The Gardens at Winnipesaukee. The roads will be privately owned and maintained. Even if each living unit had two children, the capacity of the City schools would be adequate. The proposed encroachments into the wetlands buffer will not necessitate the expenditure of public funds or services. Very truly yours, /s/ Patrick H. Wood Patrick H. Wood, NHBA #2785 cc: clients T.F. Moran, Inc. Wetland Functional Assessment Report FOR Map 164, Lot 72-1 The Gardens at Winnipesaukee Endicott Street East Laconia, NH PREPARED FOR Phoenix Capital, LLC 17 Linda Road Andover, MA 01810 PREPARED BY TFMORAN, INC. 48 Constitution Drive Bedford, NH 03110 JN: 95500.07 January 11, 2017 Wetland Functions and Values Assessment TFMoran, Inc (TFM) has prepared this document as part of a NH DES Wetlands Bureau Major Impact permit application. The proposed project involves development of a 21.39-acre parcel of land. The 85-unit Cluster Development is a new concept for this parcel. Prior to the last economic down-turn the site was being developed as a 135-unit condominium project. The site was cleared and the proposed roads were rough graded and the stormwater management system was partially completed before the project was terminated. in 2008. To stabilize the site temporary drainage ditches and basins were constructed to manage site runoff. In the interim period, these drainage ditches and basins have developed wetland characteristics and are therefore subject to State and Federal jurisdiction. Onsite investigations conducted by a TFM Wetland Scientist included a wetland delineation and functional assessment of the wetlands subject to impact from this development. Initially, jurisdictional wetlands were delineated on the entire property. In addition to the 4 wetlands that will be impacted by this project, there are two natural wetlands (Wetland Area 5 and Wetland Area 6) that were identified and are shown on the project plans. As with the previous development concept, impacts to these two wetlands have been avoided. The wetlands (Wetland Area 1, 2, 3 and 4) that are the subject of this assessment are classified (USFWS Wetland Classification System) as Palustrine, emergent, persistent, seasonally flooded/saturated, excavated (PEM1Ex). Over time this classification would likely change as the vegetation established and developing around these recently cleared areas would evolve through the scrub-shrub and forested pioneer stage to a northern hardwood climax stage similar to the surrounding forested areas if left undeveloped. These wetlands are similar to those that develop in over-excavated gravel pits or disturbed areas that revegetate with an abundance of volunteer herbaceous plants such as woolgrass (Scirpus cyperinus), Canada rush (Juncus Canadensis), soft rush (Juncus effusus), Spike rush (Juncus tenuis), broadleaved cattail (Typha latifolia), Smoot beggar-ticks (Bidens laevis), Aster spp. Woody plants volunteering along the perimeter are dominated by sweet fern (Comptonia peregrine), gray birch (Betula populifolia), quaking aspen (Populus tremula), and red maple (Acer rubrum). Total impacts are approximately 21,017 s.f. for this application. The impacts are associated with filling the man-made wetlands only. None of the naturally occurring wetlands on the site will be altered by this project. Approximately 8272 s.f. of the impacted wetlands will be mitigated by constructing a replacement wetland for Wetland Area 1 near NH Rte 11-B. The remaining 12,745 s.f. of impacted wetlands will be likely be mitigated through a payment to the Aquatic Resource Mitigation fund. This functional assessment has been prepared using the Army Corps Highway Methodology guidelines to provide an assessment of the existing wetland functions and values to assist in the evaluation of the significance of the proposed impacts. The following reference documents were used in this functional evaluation and assessment.  The Gardens at Winnipesaukee Site Plan prepared by TFMoran, December 7, 2016  NRCS Web Soil Survey for Merrimack County  US Army Corps of Engineers The Highway Methodology Workbook – Supplement.  NH Department of Fish & Game Wildlife Action Plan, Rev 2015 Ed.  Google Earth Pro (3-30-15) Project Site Characterization The project site is in Laconia near the shore of Lake Winnipesaukee at the south end of Meredith Bay. The 21.39-acre lot is in an area identified as Interlaken Park found between Weirs Beach and Pendleton Beach. Interlaken Park is a forested bluff above the lake and slopes down toward the lake. A narrow-forested The Gardens at Winnipesaukee Laconia NH Page 1 wetland drains the site and flows northerly and is captured by a detention basin that was constructed as part of the previous abandoned development project. Approximately 8 years ago, the property was cleared of trees and construction of a previously approved 135- unit condominium development was underway. A closed drainage system was constructed that discharges to a detention basin constructed at the low point in the northeast corner of the property. A road network was roughed in to subgrade and remains at this stage today. When the project was terminated due to the economic downturn around 2008, the contractor constructed temporary drainage ditches and basins to control stormwater. The site was “put to bed” until the project could be resumed. The result of constructing the temporary stormwater controls was the inadvertent creation of new wetland areas by over excavation, exposing a shallow watertable. These areas developed a prevalence of hydrophytic vegetation and hydric soil properties leading to a jurisdictional wetland classification of an additional 21,017 s.f. of area within the project area. The northerly portion of the lot contains a narrow-forested wetland that drains from the property interior northerly to the constructed detention basin that discharges to an offisite wetland. This wetland maintains an upland buffer that is mostly forested but is isolated within the development. The wetland could be characterized as a series of depressional forested wetlands that are connected by a series of ephemeral stream channels. The ephemeral flow is likely resulting from spring thaws or extended rain events. US Fish and Wildlife Service wetland classification is Palustrine Forested Broadleaved Deciduous Seasonally Flooded/Saturated (PFO1E). The wetland vegetation is dominated by an overstory of red maple (Acer rubrum), yellow birch (Betula alleghaniensis), American elm (Ulmus americana); the dominant shrub- sapling layer consists of Common Winterberry (Ilex verticillata), hobblebush (Viburnum lantanoides), witch- hazel (Hamamelis virginiana), and striped maple (Acer pensylvanicum). Herbaceous layer is dominated by sensitive fern (Onoclea sensibilis), New York fern (Parathelypteris noveboracensis), swamp milkweed (Asclepias incarnata), and jewelweed (Impatiens capensis). According to the most up to date soils data obtained from the NRCS Web Soil Survey for Belknap County (see attached soils map and soils information), the project area is located mostly within Millsite-Woodstock- Henniker Complex (480C) and marginally within Metacomet fine sandy loam (459B), Champlain Loamy fine sand (35B), and Henniker Fine Sandy Loam (46C). All soils are shallow to bedrock or restrictive soil layers resulting in a shallow seasonal watertable. This is consistent with field observations where shallow excavations intercepted the seasonal high water table. Wetland Functional Assessment Criteria Wetland functions and their significance were evaluated using the US Army Corps Highway Methodology guidelines. A Wetland Functional Assessment form and a list of criteria for each wetland function used in the assessment are included in this report. The form helps to develop a qualitative assessment of a wetland for each of the 14 wetland functions and values. The following is a list of the 14 wetland functions and values with a brief description for each. 1. (1&2) Groundwater recharge/discharge: This function considers the potential for a wetland to serve as a groundwater recharge and/or discharge area. Recharge should relate to the potential for the wetland to contribute water to an aquifer. Discharge should relate to the potential for the wetland to serve as an area where ground water can be discharged to the surface. 2. Floodflow Alteration: This function considers the effectiveness of the wetland in reducing flood damage by attenuation of floodwaters for prolonged periods following precipitation events. The Gardens at Winnipesaukee Laconia NH Page 2  3. Fish and Shellfish Habitat: This function considers the effectiveness of seasonal or permanent water bodies associated with the wetland in question for fish and shell fish habitat. 4. Sediment/Toxicant/Pathogen Retention: This function reduces or prevents degradation of water quality. It relates to the effectiveness of the wetland as a trap for sediments, toxicants or pathogens. 5. Nutrient Removal/Retention/Transformation: This function relates to the effectiveness of the wetland to prevent adverse effects of excess nutrients entering aquifers or surface waters such as ponds, lakes, streams, rivers or estuaries. 6. Production Export: This function relates to the effectiveness of the wetland to produce food or usable products for human, or other living organisms. 7. Sediment/Shoreline Stabilization: This function relates to the effectiveness of a wetland to stabilize stream banks and shorelines against erosion. 8. Wildlife Habitat: This function considers the effectiveness of the wetland to provide habitat for various types and populations of animals typically associated with wetlands and the wetland edge. Both resident and or migrating species must be considered. 9. Recreation: This value considers the effectiveness of the wetland and associated watercourses to provide recreational opportunities such as canoeing, boating, fishing, hunting and other active or passive recreational activities. Consumptive opportunities consume or diminish the plants, animals or other resources that are intrinsic to the wetland, whereas non-consumptive opportunities do not. 10. Educational/Scientific Value: This value considers the effectiveness of the wetland as a site for an “outdoor classroom” or as a location for scientific study or research. 11. Uniqueness/Heritage: This value relates to the effectiveness of the wetland or its associated water bodies to produce certain special values. Special values may include such things as archeological sites, unusual aesthetic quality, historical events, or unique plants, animals, or geological features. 12. Visual Quality/Aesthetics: This value relates to the visual and aesthetic qualities of the wetland. 13. Threatened or Endangered Species Habitat: This value relates to the effectiveness of the wetland or associated water bodies to support threatened or endangered species. Project Area Wetland Functional Assessment The project site contains an area of natural wetlands, described above that are in the northern end of the site and some recently excavated areas near the southern portion of the site that have developed jurisdictional wetland characteristics. This functional assessment is focused on the recently excavated areas that comprise the area(s) of proposed impact. The ephemeral stream and associated forested wetlands will not be altered as part of this project and the forested buffer surrounding the wetland will be maintained. Wetland functions and values supported by newly developed wetlands were found to be lacking or marginal in effect. The wetlands developed because recent excavations, intended to control stormwater runoff from The Gardens at Winnipesaukee Laconia NH Page 3 the partially constructed site, trapped and exposed groundwater and surface water runoff resulting in the formation the wetland(s). Groundwater discharge, Stormwater Attenuation, and Sediment/Toxicant Retention are suitable functions however they only marginally support the respective function due to limited discharge potential, inadequate retention time/capacity and ability to retain and/or utilize toxicants that may be present in the site runoff. The NHB database search returned no state listed species of concern, or status of threatened or endangered documented to occur in the vicinity of the project (see attached NHB report). Over time the newly established wetlands may develop an increased capacity to support these functions or develop characteristics that support other functions and values listed in this report but it is the opinion of the evaluator that the functions listed are not significant if compared to other wetlands in the vicinity for the same function. The following is a description of the wetland functions and values that occur in or adjacent to the project area. Groundwater Discharge Groundwater discharge is a principal function in Wetland Impact Area #1. It is located above the other wetlands in the contributing watershed and intercepts the groundwater table resulting in a discharge to the surface as correlated to an elevated watertable typically occurring during spring thaw or during prolonged or frequent storm events. According to the NRCS County Soil Survey for Belknap, soils present in the area are shallow to bedrock or restrictive (hardpan) soil layers. The watertable tends to be at or near the soil surface and shallow excavations will typically expose groundwater as seeps or ponding during highwater conditions. Floodflow Alteration Floodflow alteration or flood desynchronization was the primary purpose of constructing the temporary surface drainage system on this site when the project was “put to bed”. Wetland Impact Area #1 has no storage or outlet controls; Wetland Impact Area #2 is a conveyance ditch and has no long-term storage. Wetland Impact Area #3 and #4 are basins with no outlet that provide the greatest capacity for flood attenuation, therefore Area #3 & #4 are considered to support Floodflow Alteration as a principal function although the function is marginally supported. Wetland Impact Area #3 is a 7424 s.f. depression constructed downstream of a drainage ditch and the partially constructed roadbed. The wetland fits exactly within the footprint of a proposed roadway intersection. The depressional area is shallow and has limited storage capacity and there is no apparent outlet or outlet control for this basin. The basin identified as Wetland Impact Area #4 is a 2317 s.f. narrow trench with stone berms installed at intervals. There is no outlet or outlet control device for this basin. Storage and discharge of stormwater in these basins is dependent on the infiltration rate of the soils present. Sediment/Toxicant Retention Wetland Inpact Areas #1, #3, & #4 support this function in a limited manner. All areas are well vegetated with flat grades that promote non-erosive sheet flow enabling some limited uptake and binding of nutrients and immobilizing sediments. Wetland #2 is a ditch conveyance and no opportunity for binding or retention of sediment due to channelized flow conditions. Discussion The constructed stormwater conveyance (created wetlands) will be filled because of the proposed development concept. The functions that are lost from these impacts are Groundwater Discharge, Floodflow Alteration, and Sediment/Toxicant Retention. Each of these functions will be mitigated The Gardens at Winnipesaukee Laconia NH Page 4 by construction of a stormwater management system on the property that will address water quality, (Stormwater Treatment), floodflow attenuation (flood control), and groundwater discharge that is important in supporting wetland hydrology of adjacent streams and wetlands. Appropriate infiltration measures will maintain the preconstruction groundwater hydrology rather than allowing stormwater to runoff in an uncontrolled manner. Additionally, as requested by the Wetlands Bureau at the pre-application meeting, a replacement wetland will be designed to replace Wetlands Impact Area #1 in an area next to Rte 11-B. Conclusions & Recommendations The wetlands subject to alteration from this proposed project includes approximately 21,017 s.f. of recently created wetlands resulting from prior work on the development of a 135 unit condominium development. A more significant and naturally occurring wetland on the project site will be preserved, including a forested buffer. Functions that are provided by the impacted wetlands will be mitigated by construction of a stormwater management system that addresses water quality, stormwater attenuation and groundwater recharge. The proposed system will be properly sized to provide appropriate treatment and control of site runoff in accordance with state regulatory guidelines. Although increased impervious surfaces will lead to a greater volume of storm water runoff, measures that will treat the runoff to remove contaminants and control the rate and/or volume of runoff from the site can be managed to maintain the preconstruction condition. If proper temporary erosion control measures are implemented prior to and during construction, there should be no impact to downstream resources. A permanent erosion and sediment control plan will be implemented at the end of the construction project to ensure the site is stabilized in the long term as well. The Gardens at Winnipesaukee Laconia NH Page 5 File: 95500.07 Lakewood Village Laconia, NH Photo #1: View of man-made wetland area #1 looking northeasterly from NH Rte. 11-B Photo #2: Wetland Area #3; basin constructed at the end of the drainage ditch. There is no outlet to this basin Page 1 File: 95500.07 Lakewood Village Laconia, NH Photo #3: Wetland Area #2; a drainage ditch constructed during prior site development activity in 2008 Page 2 File: 95500.07 Lakewood Village Laconia, NH Photo #4: Wetland Area #4; easterly end of drainage excavation. Runoff collects in westerly end of excavation adjacent to westerly property boundary. Photo #5: Wetland Area #4; Westerly end of drainage excavation looking north. Westerly property boundary is on the left. Page 3  LACONIA QUADRANGLE NEW HAMPSHIRE (MELVIN (HOLDERNESS) TOPOGRAPHIC SERIES VILLAGE) 071° 27' 31.6422" W 071° 26' 10.6029" W 043° 36' 57.3097" N + (CENTER HARBOR) + 043° 36' 57.3097" N (WINNISQUAM (WEST ALTON) LAKE) (C) Copyright 2016, Trimble Navigation Limited 043° 35' 33.5167" N + + 043° 35' 33.5167" N 071° 27' 31.6422" W Declination (BELMONT) Printed: Mon Jan 09, 2017 071° 26' 10.6029" W (NORTHFIELD (NH))  SCALE 1:12000 (GILMANTON MNGN 0.0 0.1 0.2 0.3 0.4 0.5 IRONWORKS) Produced by Trimble Terrain Navigator Pro Miles Topography based on USGS 1:24,000 Maps 0 100 200 300 400 500 600 700 800 900 43071-E3-TM-024 North American 1983 Datum (NAD83) Yards LACONIA, NH 0.0 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 To place on the predicted North American JAN 1, 1987 Kilometers 1927 move the projection lines 8M N and 39M E GN 1.68° W MN 14.89° W CONTOUR INTERVAL 20 FT  Map by NH GRANIT Legend State County City/Town Interstates Turnpikes US Routes State Routes Local Roads CL: Generic WAP 2015: Highest Ranked Wildlife Habitat Not Top Ranked Highest Ranked Habitat in NH Highest Ranked Habitat in Region Supporting Landscape WAP 2015: Wildlife Habitat L Cover Alpine Appalachian oak-pine Cliff and Talus Coastal island Dune Floodplain forest Grassland Hemlock-hardwood-pine High-elevation spruce-fir Lowland spruce-fir NLCD Developed or barren Northern hardwood-conifer Northern swamp Open water Peatland Pine barren Rocky ridge Salt marsh Temperate swamp Wet meadow/shrub wetland Map Scale 1: 7,244 © NH GRANIT, www.granit.unh.edu Map Generated: 1/11/2017 Notes 10,070 Wetland Impact Wetland Impact Area #3 (7424 s.f) Area #4 (2317 s.f) Wetland Impact Area #2 (3004 s.f.) Wetland Impact Area #1 (8272 s.f.)  i Endicott St. E 164-72-1 Project Comments Assessing Office•Tara Baker-Assessing Technician February 14, 2017 A. No new comment January 5, 2017 A. Wondering where address’ for Laconia Heights and Winnipesaukee Spring Condominium associations came from as I have different info. B. Correct block # on page 1 of site plan for abutter… Laconia Heights, S/b 454 not 72. C. I recommend Woodland Drive NOT be used. We already have a Woodland Avenue and a Woodvale Avenue not far from this location. D. Assessing would like a copy the Home owner’s association declaration for review when it becomes available. E. Will the homeowners own the land in which their home sits on or will it be leased? F. Please calculate and show on the plan the acreage of all roadways. Endicott St E Gardens  Date: February 22, 2017 To: Dean Trefethen, Brandee Loughlin Cc: Wes Anderson, Kalena Graham, Jason Hill, Seth Nuttelman, Nick Sceggell, Gerry Lang, Pat Wood, Yervant Nahikian From: Luke Powell Assistant Director RE: The Gardens at Winnipesaukee – TRC 2 DPW has reviewed the plans submitted by TF Moran Engineering. Additional comments will be submitted after the sanitary sewer pump station and force main phone (603) 528-6379 fax: (603) 527-1298 review by Dubois & King Engineering and the stormwater analysis review by Gerry Lang are completed. We offer the following comments by sheet #. Department of Public Works memo Sheet 12: The drainage run from CB 604 to CB 603 has UGE directly over it. There must be at least 5 feet of separation. At station 204+85 the water main and drainage line is too close together. Drainage separation from CB 211 to CB 210 is only about 4’ from the water main. The drain line from CB 901is very close to the fire hydrant. We need5 feet of separation minimum. With a retaining wall behind units 11-15, how will SMH’s be accessed for service? 27 Bisson Avenue, Laconia, NH 03246 e-mail: PowellL@City.laconia.nh.us Sheet 13: Add a SMH between SMH 2 and SMH 26 and move water main slightly in order to eliminate two water/sewer crossings. Evaluate if thrust blocks are needed at sewer force main bends. Unit 57 has a SMH symbol in the building (we assume it is a relic from a previous design scenario). SMH 7 is too close to the water main, CB 206 is too close to the sewer main, CB 204 and SMH 5 are too close to each other. No trees can be planted between units 18 and 19 (sewer corridor). Sheet 14: What is the separation between the water main and the SMH 18 to SMH 17 sewer main? Sheet 15: We cannot read the plan view from 0+00 to 0+20. It would help if some other layers were turned off so that the sewer can be seen more clearly. Please show elevation of force main coming into the structure. Sheet 16: What is the separation between the water main and the CB 902 to CB 901 drain line? Sheet 18: Please check site distance at stop bar to make sure existing utility does not block vision to Rt 11-B west-bound traffic. Also, you will need to draft a sidewalk maintenance agreement with NH DOT. Sheet 25: Drainage from CB 219 to CB 201 appears to have only about 10” of vertical separation from the water main. The CB 207 to CB 206 drainage crossing over the water main at station 700+30 is not shown. Need to check separations. Sheet 26 (sheet 13 plan view): The drainage line from CB 210 conflicts with the water main at station 401+70 on Sandpiper Circle. At station 403+00 the drainage line from CB 201A conflicts with the water main. At station 109+35, the sewer FM must have at least 18” of vertical separation from the water main. The drain line from CB 218 to CB 205 is not shown. Please check to make sure there is appropriate clearance and do the same for the CB 203 A to CB 203 drainage crossing over the sewer and water mains. Sheet 27 (13): The sewer and water mains conflict at 501+65. The CB 302 to CB 301 drainage line crossing the water main appears to have just a few inches of clearance or is in conflict. The same is true with the CB 300A to CB 301 drainage line crossing the water main. CB 302 is too close to the water main. The sewer/drain/water crossings profiles are not shown at station 500+15 (Oriole/Woodland intersection). Sheet 28 (13): The CB 307to CB 306 drainage crossing over the water main appears to have only about 6” of separation at 125+57. The CB 602 to CB 601 drainage line crossing over the water main is not shown at station 130+00. Using the inverts on Sheet 1A, it looks like there is only 1’ of clearance at the 131+00 sewer crossing. At station 132+10 the there is a conflict at the sewer and drainage crossing (SMH 20 to SMH 8 and CB 213 to CB 209). Sheet 29 (13): The CB 605 to CB 604 drainage line conflicts with the water main at station 203+00. What is the separation of the CB 203B to CB 203A drainage line over the water main? Sheet 36 (24): Two outlet control structures are shown in the detail sheet but only one in the plan view. We can’t tell what is happening there. Sheet 40: There are two inside drop details. One is on Sheet 40 and the other on Sheet 42. Please remove the one on Sheet 42. There are two house service connection details. One is on Sheet 40 and the other on Sheet 41. Please delete the one on sheet 41. End of comments - LP  Department of Planning and Zoning 45 Beacon Street, East Laconia, NH 03246 603-527-1264 603-524-2167 MEMORANDUM To: Jason Hill From: Planning Department RE: Gardens at Winnipesaukee, PL2016-0120SP, 0121SU, 0122CUP(wetland), 0123CUP(cluster), PL2017-0002CUP(perimeter buffer), 0003CUP(cluster buffer setback) Endicott Street East MBL 164- 40-1 Date: 2/15/17 (TRC 2) Planning Staff have the following comments: 1) Your submission indicates that you intend to apply for a waiver from the Site Plan Regulation 7.13 regarding sidewalks. Your application is missing the actual application for waiver and the associated criteria explanations. Please submit this. 2) As discussed in the TRC1 meeting, the “shared driveway” off of Sandpiper Circle is not a permissible configuration. The Zoning Ordinance 235-50.1 states that, “Driveways serving three or more residential lots or sites shall be considered a street and meet the minimum requirements thereof.” This must be addressed and corrected. 3) The Planning Department has concerns regarding the proposed “stub” off of Oriole Circle, serving lots 66, 67, and 68. It appears that this configuration would likely end up in snow and corresponding sand and salt being plowed and stored likely within the wetland buffer boundary. The Planning Department recommends redesigning the lots such that each lot has a driveway directly off of Oriole Circle in order to avoid potential impacts to the wetland buffer. 4) The plans submitted indicate a “potential” swing gate on the Access Road. This must be discussed with the Fire Department. 5) The request to shrink the buffer from 75 feet to 40 feet must be submitted as a waiver request, not a CUP. This was requested at TRC1 and has not yet been received. 6) Sheet 13, note 41 indicates that a waiver is required for storage of LP propane tanks above ground. This is not required. Please remove this note. 7) What are the dashed lines located nested inside of the perimeter lines? These are not dimensioned or labeled and do not appear to correspond to either the 40 or 75 foot buffer distance. 8) There are several areas where the road is proposed to encroach significantly into the buffer area. Please submit a proposed replanting plan for those areas that will be affected during and after construction to ensure that an adequate buffer is in place after construction. These areas include, most specifically, along the Access Road and the wetland buffer area across from the proposed riprap wall along Oriole Circle. \\CH8\Users\UserDatanew\graham\Desktop\Planning TRC2 Gardens at Winnipesaukee Endicott St East.docx 9) Appropriate screening, street trees, or plantings must be planned for the proposed riprap wall along Oriole Circle. 10) The Planning Department suggest considering installing appropriate rain garden-like plantings in the retention pond if possible. 11) Will there be an actual street light at the main entrance to the development along Endicott Street East? 12) It appears that a light along lot _______ on Oriole Circle may need to be relocated, pending the outcome of redesign per comment #3. 13) Will the sewer pump station have any lighting on the building? If so, it must be included in the lighting plan. 14) Third party review for stormwater and erosion control will be performed by the Belknap County Conservation District as soon as the estimate amount ($3,300) is received by the City. 15) Third party review for the sewer pump station will be performed by DuBois & King as soon as the estimate amount ($3,500) is received by the City. 16) Third party review for the steep slope portions will be performed by Loureiro Engineering as soon as the estimate amount ($1,500) is received by the City. More information regarding steep slopes is below. 17) Please plan to submit for another TRC2 on March 8th, 2017 if 3rd party reviews have been completed and forwarded to you by then.  LACONIA FIRE DEPARTMENT Fire Prevention Division 848 North Main Street, Laconia, NH 03246 (603) 524-6881 - Fax (603) 524-0437 ___________________________________________________________________ MEMORANDUM Date: February 14, 2017 To: Technical Review Committee From: Charles Roffo, Deputy Chief Subject: The Gardens – Endicott Street East __________________________________________________________________________ The buildings square footage, as presented, are below in minimum required for the installation of fire sprinklers. However, cluster developments are required to install interior fire alarm systems, connected to the city municipal fire alarm system. This required significant alarm infrastructure be installed as part of the development. The use of NFPA 13D residential sprinkler systems are an approved alternative to the fire alarm requirement and do not require the in-ground alarm infrastructure as these systems are stand alone. Coordination with the Laconia Water Department will be required for fire services. Opted for fire alarm over sprinklers Any anticipated phasing of the project will require city approval. Provided Secondary access and looping roadway will be required at 50 completed units. Provided Fire hydrants shall be installed and operational prior to storage of building materials and/or building construction for the project (or phase). Provided Also require location information of the hydrant at unit 82. Hydrant re-located on plan Roadways shall be a minimum or 20 feet wide, clear width with 2 foot shoulders and capable of supporting fire apparatus. Provided Woodland Drive is similar sounding to Woodland Avenue (existing). Requirements for E-911 require the elimination of similar sounding streets to avoid confusion in an emergency. Open – Not Yet Finalized Locating UG propane tanks on some lots may be difficult due to setback requirements. Using above ground tanks Adequate access is required during construction. T-turn-a-rounds or cul-de-sacs may be required on dead end road during construction. Provided  PLANNING BOARD ITEM INFORMATION SHEET TITLE: Revisions to Chapter 235:41 Accessory Dwelling units SUBJECT: RSA passed that redefined the use of ADU's so regulations need to be changed in order to meet requirements ACTION: Recommendation to Council ATTACHMENTS: Description Type Upload Date File Name backup Cover Memo 2/28/2017 ADU_Draft_#_4.pdf Draft 4 – February 22, 2017 City of Laconia Proposed Amendments to Chapter 235 – Accessory Dwelling Units Amendment # 1: Table I – Table of Permitted of Uses RR1 RR2 RS SFR RG RA RESIDENTIAL, ACCESSORY USES P CR DR BC C BCI IP I AI PE PE PE PE NE NE Accessory apartment Dwelling Unit NE NE PE NE NE NE N N N Amendment # 2: § 235-13. Definitions. As used in this chapter, the following terms shall have the meanings indicated: ACCESSORY APARTMENT - A dwelling unit that has been created within an existing primary single- family dwelling or accessory structure ACCESSORY DWELLING UNIT - A residential living unit that is within or attached to a single-family dwelling, or located in a legally existing accessory structure on the same lot, and that provides independent living facilities for one or more persons, including provisions for sleeping, eating, cooking, and sanitation on the same parcel of land as the principal dwelling unit it accompanies. Amendment # 3: § 235-41. Residential accessory uses. (existing language) J. Accessory apartment. Accessory apartments shall meet the following minimum standards: [Added 10-14-1997 by Ord. No. 10.97.10] (1) Total gross square footage shall not exceed 400 gross square feet. (2) Apartments shall be located within the existing home or garage or additions thereto. (3) The overall appearance of the single-family dwelling unit must be maintained. (4) No more than one accessory apartment may be developed per lot of record. § 235-41. Residential accessory uses. (new language) A. Accessory Dwelling Unit. Accessory dwelling units (ADU) are intended as an option for homeowners to offer separate and independent living space for their extended families, or to offer small dwelling units as rentals to off-set the expense of maintaining a dwelling. The appearance 1 Draft 4 – February 22, 2017 City of Laconia Proposed Amendments to Chapter 235 – Accessory Dwelling Units and character of the dwelling shall remain single-family in nature. A single family dwelling with an accessory dwelling unit is not classified as a two-family dwelling. One accessory dwelling unit is permitted on any property containing an owner-occupied single-family dwelling, provided the following conditions are met: 1. Accessory Dwelling Units shall be permitted only on properties containing an owner-occupied single-family dwelling. There shall be not more than one accessory dwelling per lot. 2. An ADU shall not be considered to be an additional dwelling unit for the purposes of determining minimum lot size or development density of the property. 3. The property owner must occupy either the primary residence or the ADU as their permanent residence. A temporary leave of absence by the property owner is allowed, provided the owner- occupied unit is not rented or occupied by anyone other than the property owner during the temporary leave of absence. The owner shall provide documentation demonstrating to the satisfaction of the City that one of the units is his or her principal residence. 4. The ADU must be located in the same building as the primary residence unless the lot meets or exceeds the minimum required lot size for the respective zoning district. If the lot meets or exceeds the required minimum lot size, the ADU may be located in a separate detached structure such as a garage or barn, provided the existing structure conforms to required yard setbacks for the respective zoning district. 5. The ADU shall contain fully self-sufficient living quarters, consisting of adequate sleeping, bathing, and eating accommodations. If the ADU is located within an addition to the existing single family dwelling, the ADU must be connected to the same utilities (except telephone and television) as the existing dwelling. If the ADU is located in a detached structure, then connections to municipal utilities (i.e. municipal water/sewer) may be separate. 6. Where municipal water or sewer service is not provided, the ADU shall make provision for adequate water supply and sewage disposal service in compliance with RSA 485-A:38 and regulations adopted by the NH Department of Environmental Services. 7. An interior door shall be provided between the principal dwelling unit and the accessory dwelling unit. 8. The ADU shall not have more than two bedrooms and be less than 300 square feet and shall not exceed 750 square feet. If the primary unit is greater than 3,000 square feet, the ADU can exceed 750 square feet provided the ADU is no greater than 25% of the gross living area of the primary unit. 2 Draft 4 – February 22, 2017 City of Laconia Proposed Amendments to Chapter 235 – Accessory Dwelling Units 9. The ADU shall be subsidiary in size, height, and function to the principal dwelling and be consistent with the principal dwelling in appearance, design, colors, and materials. 10. Any necessary additional entrances or exits to the primary residence, to serve the ADU, shall be located to the side or rear of the building. Any new or altered structures, intended to be used as ADU, must be located behind the building line of the existing primary residence except when the Zoning Board of Adjustment finds that the placement of the ADU on the lot will not adversely affect the character of the neighborhood, traffic, safety of pedestrians, and will not create a hazard or nuisance to abutting property owners.. 11. There shall be one parking space in the rear or side yard for the accessory dwelling and no additional curb cut. The additional parking space shall comply with the parking standards contained in the Zoning Ordinance. 12. The structure and lot shall not be converted to a condominium or any other form of legal ownership distinct from the ownership of the principal single-family dwelling. 13. A zoning/building permit application for the ADU must be approved and issued prior to its construction, and a certificate of occupancy, specifying that the dwelling unit is an ADU, must be obtained prior to its occupancy. The ADU constructed within a primary residence shall have an interconnected fire alarm system. All ADU’s shall meet all safety and building codes. 3  PLANNING BOARD ITEM INFORMATION SHEET TITLE: PL2017-0024SU, 21, 22, 14 Morris; 11, 19 Thompson; 24 Allan Ave MBL 139-165-78, 79, 80; 139-214-71, 71.1, 82, 73; 139-46-87, 87.1 Proposal to extinguish Lakeshore Ave & Wesley Ave, merge abutting lots, and change boundary lines SUBJECT: Proposal to extinguish Lakeshore Ave & Wesley Ave, merge two lots on either side of paper streets, Lakeshore Ave & Wesley Ave, and change some boundary lines within that area in the Weirs ACTION: Application acceptance ATTACHMENTS: Description Type Upload Date File Name No Attachments Available